The holidays are meant to be a season of family, tradition, and celebration. For many couples, though, the weeks between Thanksgiving and New Year's Day bring a quiet, difficult realization: the marriage is not going to work. Family lawyers see it every year. Calls rise sharply in January, after spouses have made it through one last holiday season "for the kids" or to avoid upsetting extended family.
If you are a high-income professional, business owner, or someone with significant investments, real estate, or deferred compensation, the decision to divorce carries added layers of complexity. And if you have children, the first question on your mind is likely how the holidays, and every day in between, will look once the family lives in two homes.
At the Law Offices of Thomas Stahl, we help clients across Maryland and the District of Columbia plan for these transitions thoughtfully. Here is what you should know if you are thinking about divorce in the new year.
Why the New Year Is the Time to Plan, Not React
Waiting until after the holidays to file is often a sensible, compassionate choice. It allows children to enjoy their traditions and gives you time to think clearly. But waiting to file is not the same as waiting to prepare.
For high-asset individuals, early planning matters because so many financial events cluster at year end: annual bonuses, equity vesting, charitable giving, business distributions, and retirement contributions. Your marital status on December 31 also determines your federal income tax filing status for the entire year. Decisions made in November and December can affect what is treated as marital property, how income is calculated for support, and what your tax picture looks like. A confidential consultation now can help you understand your options before any of those decisions are locked in.
How Divorce Works Today in Maryland and DC
Both jurisdictions have overhauled their divorce laws in recent years, and many people are still working from outdated information.
Maryland. Since October 1, 2023, Maryland has been a no-fault state. Under Maryland Code, Family Law § 7-103, a court may grant an absolute divorce on one of three grounds: a six-month separation, irreconcilable differences, or mutual consent. Fault grounds such as adultery and cruelty were eliminated, and limited divorce was abolished. Spouses can satisfy the separation requirement even while living under the same roof, so long as they are leading separate lives. A mutual consent divorce requires a signed settlement agreement resolving all issues, and the court must be satisfied that the terms relating to the children are in their best interests.
District of Columbia. Effective January 26, 2024, D.C. Law 25-115 amended D.C. Code § 16-904 so that a divorce may be granted on the assertion by one or both spouses that they no longer wish to remain married. The former six-month and one-year separation requirements are gone. At least one spouse must have been a bona fide DC resident for six months before filing under D.C. Code § 16-902.
The practical takeaway: in either jurisdiction, a divorce can move faster than many people expect. That makes preparation, not delay, the key to protecting your interests.
Holiday Custody Schedules: What the Law Requires
Holidays are often the most emotionally charged part of any custody arrangement. Thanksgiving dinner, Christmas morning, the nights of Hanukkah, Kwanzaa, and New Year's Eve each carry meaning, and parents understandably want to share them with their children.
Maryland's new statutory custody factors. On October 1, 2025, Maryland codified its custody standards in statute for the first time. Under House Bill 1191, now Family Law § 9-201, courts must consider sixteen best-interest factors when deciding legal and physical custody and must state their findings on the record or in writing. These factors include the child's stability, the parents' ability to communicate and make shared decisions, and the child's relationship with each parent. Maryland does not presume joint custody; each case is decided on its own facts.
DC's joint custody presumption. Under D.C. Code § 16-914(a)(2), there is a rebuttable presumption that joint custody is in the child's best interest, unless the court finds an intrafamily offense, child abuse, neglect, or parental kidnapping. DC judges weigh the statutory factors in § 16-914(a)(3), including the child's wishes where practicable and the parents' ability to communicate and reach shared decisions. When parents reach their own agreement, the court will generally approve it unless there is clear and convincing evidence that it is not in the child's best interest.
In both jurisdictions, a well-drafted parenting plan is the best tool for avoiding holiday conflict. Common approaches include:
- Alternating holidays by year, so one parent has Thanksgiving in even years and the other in odd years.
- Splitting the holiday, such as Christmas Eve with one parent and Christmas Day with the other.
- Fixed holidays, where each parent always has the days most meaningful to his or her faith or family traditions.
- Winter break divisions that split the school vacation in half and rotate which parent has the first half.
For high-asset families, holiday provisions usually need more detail than a standard schedule. Consider travel to vacation homes or out-of-state family, international trips and who holds the children's passports, private or charter travel, exact exchange times and locations, and how holiday time overrides the regular schedule. Ambiguity breeds conflict; specificity prevents it.
If You Are Already Separated This Holiday Season
If you and your spouse have already separated, or you are co-parenting under an existing order, a few principles will serve you well:
- Follow the current order or agreement exactly. Informal changes can be used against you later if things go wrong.
- Put requests in writing. Use email or a co-parenting app so there is a clear record.
- Plan early. Confirm exchange times and travel well in advance.
- Keep children out of adult conflict. Courts in both Maryland and DC look closely at whether each parent supports the child's relationship with the other parent.
Judges notice which parent acted reasonably during the holidays.
The High-Asset Issues That Shape Your Case
Marital property. Maryland and DC both use equitable distribution, which means a fair division rather than an automatic 50/50 split. In Maryland, the court identifies and values marital property and may grant a monetary award under Family Law §§ 8-201 through 8-205. In DC, D.C. Code § 16-910 directs the court to distribute marital property equitably after weighing statutory factors, including the length of the marriage and each spouse's contributions. Business interests, professional practices, stock options, restricted stock units, and retirement accounts often require expert valuation and careful tracing of separate versus marital funds.
Child support above the guidelines. Both jurisdictions' child support schedules stop at a certain income level. In Maryland, when the parents' combined adjusted actual income exceeds $30,000 per month, Family Law § 12-204(d) gives the court discretion to set support. In DC, the guideline does not apply presumptively when combined adjusted gross income exceeds $240,000 per year under D.C. Code § 16-916.01(h), and the court has discretion to award more based on the child's needs. In these above-guidelines cases, careful documentation of the children's lifestyle (private school, activities, travel, and holiday traditions) becomes critical.
Alimony. Maryland courts consider the factors in Family Law § 11-106, and DC courts apply D.C. Code § 16-913. For high earners, the marital standard of living and each spouse's earning capacity are central issues.
Protecting the marital estate. Large holiday purchases, unusual gifts, sudden transfers, or changes to business compensation in the months before a filing can draw scrutiny. Avoid moving or spending assets in ways that could appear designed to shrink the marital estate.
Practical Steps to Take Before January
- Gather financial records: tax returns, brokerage and retirement statements, business financials, compensation plans, and deeds.
- Document your parenting role: school involvement, activities, medical care, and holiday traditions.
- Review any prenuptial or postnuptial agreement, which may control much of the outcome.
- Think through your ideal holiday schedule and what matters most to your children.
- Secure your communications and accounts, and avoid discussing your plans on social media.
- Speak with an experienced family law attorney before making major financial moves.
Schedule a Confidential Consultation
Thinking about divorce does not mean you have decided to divorce. It means you are ready to understand your options. Whether you want to protect a business you built, preserve your children's holiday traditions, or simply know where you stand, the right guidance now can make the new year a fresh start rather than a fresh crisis.
The Law Offices of Thomas Stahl represents clients throughout Maryland and the District of Columbia from our office in Columbia, Maryland. We handle complex divorce, custody, and support matters with discretion and care. Call 443-300-9208 today to schedule a confidential consultation and start the new year with a plan.
Disclaimer: This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every case depends on its own facts.